REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION:
A Complaint is:
1. a sworn written statement;
2. charging a person with an offense;
3. subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated.
1. The offense, by virtue of the imposable penalty OR its nature, is one which the court is by law authorized to take cognizance of, (jurisdiction over the SUBJECT MATTER).
REQUISITES OF A COMPLAINT: 1. it must be in writing and under oath;
2. The offense must have been committed within its territorial jurisdiction, (jurisdiction over the TERRITORY).
3. The person charged with the offense must have been brought to its presence for trial, forcibly by warrant of arrest or upon his voluntary submission to the court, (jurisdiction over the PERSON OF THE ACCUSED).
2. it must be in the name of the People of the Philippines; 3. it must charge a person with an offense; and 4. it must be subscribed by the offended party, by any peace officer or public officer charged with the enforcement of the law violated. Section 4. Information defined.
Preliminary Investigation - is an inquiry or proceeding to determine whether there exists sufficient ground to engender a well-founded belief that a crime has been committed and that the respondent is probably guilty thereof, and should be held for trial. (Sec. 1, Rule 112) Preliminary Investigation is required to be conducted BEFORE the filing of a complaint or information for an offense where the penalty prescribed by law is at least 4 years, 2 months and 1 day without regard to the fine.
An Information is: 1. 2. 3.
REQUISITES OF AN INFORMATION 1. 2. 3. 4.
PURPOSES 1. to determine whether a crime has been committed and whether there is probable cause to believe that the accused is guilty thereof; 2. to preserve evidence and keep the witnesses within the control of the State; 3. to determine the amount of bail, if the offense is bailable.
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5. Judges of the MTC and MCTC
6. National and regional state
prosecutors
it must be in writing;
it must charge a person with an
offense;
it must be subscribed by the
fiscal; and
it must be filed in court.
CONTENTS OF A VALID COMPLAINT OR INFORMATION
PERSONS AUTHORIZED TO CONDUCT A PRELIMINARY INVESTIGATION 4. Provincial or city fiscal and their assistants
an accusation in writing;
charging a person with an
offense;
subscribed by the prosecutor and
filed with the court.
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Name of the accused, including any appellation or nickname
An error in the name of the accused is not reversible as long as his identity is sufficiently established and this defect is curable at any stage of the proceedings as the insertion of the real name of the accused is merely a matter of form.
The designation of the offense
The acts or omissions complained of as constituting
the offense
The name of the offended party
The approximate time of the
commission of the offense
The place wherein the offense
was committed
7. Such other officers as may be
authorized by law such as: the COMELEC, Ombudsman and PCGG
Section 1. Institution of criminal and civil actions. GENERAL RULE: Section 2. Form of the complaint or information. FORM 1. In writing;
2. In the name of the People of the Philippines; and
3. Against all persons who appear
When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense shall be deemed instituted with the criminal action. EXCEPTIONS: 1.
to be responsible for the offense
2.
involved.
3.
Section 3. Complaint defined.
when the offended party WAIVES the civil action
when the offended party RESERVES his right to institute a separate civil action
when offended party INSTITUTES A CIVIL ACTION PRIOR to the criminal action.
PRIMACY OF CRIMINAL ACTION OVER CIVIL ACTION
Rationale: to avoid two conflicting decisions.
1. After the filing of the criminal action, the civil action which has been reserved CANNOT be instituted until final judgment has been rendered in the criminal action.
ELEMENTS OF A PREJUDICIAL QUESTION
2. If the civil action is instituted BEFORE the filing of the criminal action and the criminal action is subsequently commenced, the pending civil action shall be suspended until final judgment in the criminal action has been rendered.
9. The civil action involves an issue similar or intimately related to the issue raised in the criminal action.
8. The civil action must be instituted prior to the criminal action.
10.
The resolution of such issue determines whether or not the criminal action may proceed.
EXCEPTIONS:
a) b) c) d)
1. 2. 3.
In cases of independent civil actions based upon Arts. 32, 33, 34 and 2176 of the Civil Code;
WHERE TO FILE PETITION FOR SUSPENSION BY REASON OF PREJUDICIAL QUESTION
In cases where the civil action presents a prejudicial question;
1. Office of the prosecutor; or
In cases where the civil action is consolidated with the criminal action; and
2. court conducting the preliminary
investigation; or
Where the civil action is not one intended to enforce the civil liability arising from the offense.
3. court where the criminal action
has been filed for trial at any time before the prosecution rests.
ACQUITTAL IN A CRIMINAL CASE DOES NOT BAR THE FILING OF THE CIVIL CASE WHERE:
Section 6. When warrant of arrest may issue
Probable Cause presupposes a reasonable ground for belief in the existence of facts warranting the proceedings complained of;
the acquittal is based on reasonable doubt, if the civil case has been reserved
the decision contains a declaration that the liability of the accused is not criminal but only civil in nature and
the civil liability is not derived from or based on the criminal act of which the accused is acquitted (Sapiera vs. Court of Appeals, 314 SCRA 370).
- an apparent state of facts found to exist upon reasonable inquiry which would induce a reasonably intelligent and prudent man to believe that the accused person had committed the crime charged. INSTANCES WHEN WARRANT OF ARREST NOT NECESSARY
Section 3. When civil action may proceed independently. The institution of an independent civil action against the offender under Articles 32, 33, 34 and 2176 of the Civil Code may proceed independently of the criminal case and at the same time without suspension of either proceeding. Recovery of civil liability under Articles 32, 33, 34 and 2176 of the Civil Code arising from the same act or omission may be prosecuted separately even without a reservation. The reservation and waiver herein refers only to the civil action for the recovery of civil liability arising from the offense charged (DMPI Employees Credit Coop vs. Velez, G.R. No. 129282, Nov. 29, 2001). PURPOSE To prevent the offended party from recovering damages twice for the same act or omission.
11.
if the accused is already under detention;
12.
if the complaint or information was filed after the accused was lawfully arrested without warrant;
13.
if the offense is punishable by fine only.
ARREST Section 1. Definition of arrest. Arrest – the taking of a person into custody in order that he may be bound to answer for the commission of an offense (Sec. 1 Rule 113). Modes of Arrest 1. 2.
arrest by virtue of a warrant
arrest without a warrant under exceptional circumstances as may be provided by statute (Sec.
5, Rule 113).
ESSENTIAL REQUISITES OF A VALID WARRANT OF ARREST Section 7. Elements of prejudicial question. 1. Prejudicial Question - that which arises in a case, the resolution of which is the logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal. It must be determinative of the case before the court but the jurisdiction to try and resolve the question must be lodged in another court or tribunal.
2.
It must be issued upon probable cause which must be determined personally by a judge after examination under oath or affirmation of the complainant and the witnesses he may produce
The warrant must particularly describe the person to be seized
A:
AWFUL WARRANTLESS ARREST 1. When, IN HIS PRESENCE, the person to be arrested has committed, is actually committing, or is attempting to commit an offense (in flagrante delicto arrests); 2. When an offense has in fact just been committed, and he has probable cause to believe based on PERSONAL KNOWLEDGE of fact and circumstance that the person to be arrested has committed it; (Doctrine of Hot Pursuit) 3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. 4. Where a person who has been lawfully arrested escapes or is rescued (Sec. 13, Rule 113); 5. By the bondsman for the purpose of surrendering the accused (Sec. 23, Rule 114); and 6. Where the accused attempts to leave the country without permission of the court (Sec. 23, Rule 114).
Section 1. Bail defined. Bail -- the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions specified by the rule (Sec. 1, Rule 114).
Forms of bail: 1. 2. 3. 4.
corporate surety
property bond
cash deposit
recognizance
In the MTC, it is a matter of right before or after conviction, regardless of the offense. In the RTC,
GR: it is a matter of right before conviction, XPNs: offenses punishable by death, reclusion perpetua, or life sentence and the evidence of guilt is strong, in which case it is discretionary. Note: The prosecution cannot adduce evidence for the denial of bail where it is a matter of right. However where the grant of bail is discretionary, the prosecution may show proof to deny the bail. Q: Is notice of hearing required? A: Whether bail is a matter of right or of discretion, reasonable notice of hearing is required to be given to the prosecutor or fiscal or at least he must be asked for his recommendation because in fixing the amount of bail, the judge is required to take into aout a ue of fatos suh as the appliats character and reputation, forfeiture of other bonds or whether he is a fugitive from justice. Hearing, however is not required where Bail is recommended by the prosecution and it is a matter of right. Q: When the accused is entitled as a matter of right to bail, may the court refuse to grant him bail on the ground that there exists a high degree of probability that he will abscond or escape? Explain. A: No. What the court can do is to increase the amount of bail. One of the guidelines that the judge may use in fixing a reasonable amount of bail is the probability of the accused appearing in trial. (1999 Bar Question note: Where the offense is bailable, the mere probability that the accused will escape or if he had previously escaped while under detention does not deprive him of his right to bail. The remedy is to increase the amount of bail, provided the amount is not excessive
Q: When is bail a matter of discretion? A: Bail is a matter of discretion
CONDITIONS OF BAIL
1.
The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case until promulgation of the judgment of the RTC, irrespective of whether the case was originally filed in or appealed to it;
2.
2. The accused shall appear before the proper courts whenever so required by the court or these Rules; 3. The failure of the accused to appear at the trial without justification despite due notice shall be deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia; 4. The bondsman shall surrender the accused to court for execution of the final judgment. 3. Q: When is bail a matter of right?
Upon conviction by the RTC of an
offense not punishable by death, reclusion perpetua or life imprisonment;
If the penalty of imprisonment exceeds six (6) years but not more than 20 years, bail shall be denied upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances: a. That he is a recidivist, quasi- recidivist or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;
b. That he previously escaped from legal confinement, evaded sentence, or has violated the conditions of his bail without valid justification;
c. That he committed the offense while on probation, parole, or under conditional pardon;
d.That the circumstances of his case indicate the probability of flight if released on bail; or
e. That there is undue risk that during the pendency of the appeal, he may commit another crime (Sec. 5). Regardless of the stage of the criminal prosecution, a person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, when evidence of guilt is not strong (Sec. 7); and
4.
Juvenile charged with an offense punishable by death, reclusion perpetua or life imprisonment evidence of guilt is strong (Sec. 17, A.M. No. 02-1-18-SC).
Property Bond – is an undertaking constituted as a lien on the real property given as security for the amount of the bail (sec11); It is required that the annotation of a lien on the land records of the property posted as bail, otherwise the property bail bond shall be cancelled.
Without prejudice on any liability on the bail ORDER OF FORFEITURE VS. ORDER OF CONFISCATION 1. an ORDER OF FORFEITURE is conditional and interlocutory, there being something more to be done such as the production of the accused within 30 days as provided by the rules an order of forfeiture is not appealable 2. an ORDER OF CONFISCATION is not independent of the order of the order of forfeiture. It is a judgment ultimately determining the liability of the surety thereunder, and therefore final and execution may issue at once.
EFFECT OF DEPOSITING CASH AS BAIL Accused shall be discharged from custody as it is considered as bail.
Q: What are the rights of the accused at the trial?
Section 15. Recognizance
A: Right:
Recognizance - an obligation of record, entered into before some court or officer authorized to take it with a condition to do some particular act and the accused is often allowed to obligate himself to answer the charge.
1.
to be presumed innocent until the
contrary is proved beyond reasonable
doubt;
2.
to be informed of the nature and the
cause of the accusation against him;
Q: When may the court increase or reduce the amount of bail?
3.
to be present and defend in person and by counsel at every stage of the
proceeding;
4.
to testify as a witness in his own behalf
but subject to crossexamination on
matters covered by direct examination;
5.
to exempt from being compelled to be a witness against himself (against self-
incrimination);
6.
to confront and cross examine the
witnesses against him at the trial;
7.
. to have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf;
after the accused is admitted to bail.
Upon good cause
: What is the remedy if the bail is increased and the accused did not give the increased amount of bail within a reasonable time? A: When the amount of bail is increased, the accused may be committed to custody if he does not give bail in the increased amount within a reasonable period. Note: Where the offense is bailable as a matter of right, the mere probability that the accused will escape, or even if he had previously escaped while under detention does not deprive him of his right to bail. The remedy is to INCREASE the amount of the bail, provided such amount would not be excessive. (Sy Guan v. Amparo, 79 Phil 670)
8. to have speedy, impartial and public trial; and 9. to appeal on all cases allowed by law and in the manner prescribed by law (Sec. 1).
Q: When is bail forfeited? Q: What is the meaning of the right of presumption of innocence? A: If the accused fails to appear in person as required, his bail shall be declared forfeited and the bondsmen within 30 days from the failure of the accused to appear in person must: 1. 2.
PRODUCE the body of their principal or give the reason for non- production; and
EXPLAIN why the accused did not appear before the court when required to do so
Q: When is bail cancelled? A: Bail is cancelled: 1. Upon application of the bondsmen with due notice to the prosecutor, upon surrender of the accused or proof of his death;
A: The right means that the presumption must be overcome by evidence of guilt beyond reasonable doubt. Guilt beyond reasonable doubt means that there is moral certainty as to the guilt of the accused. Conviction should be based on the strength of the prosecution and not on the weakness of the defense. The significance of this is that accusation is not synonymous with guilt. Q: What is reasonable doubt?
A: It is the doubt engendered by an investigation of the whole proof and an inability, after such investigation, to let the mind rest easy upon the certainty of guilt. Absolute certainty is not demanded by law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. Q: What is the equipoise rule?
2. Upon acquittal of the accused;
3. Upon dismissal of the case; or
4. Execution of judgment of conviction
A: Where the evidence of the parties in a criminal case are evenly
balanced, the constitutional presumption of innocence should tilt in favor of the accused who must be acquitted.
3. Mandamus proceeding to compel the dismissal of the information; or 4. Ask for the trial of the case and then move to dismiss (Gandicela v. Lutero, G.R. No. L-4069, Mar. 5, 1951).
Q: What are the effects of waiver of the right to appear by the accused? A:
Q: What is the nature of the right to appeal? A: The right to appeal from a judgment of conviction is fundamentally of statutory origin. It is not a matter of absolute right independently of constitutional or statutory provision allowing such appeal.
1. It is also a waiver to present evidence;
2. Prosecution can present evidence despite the absence of the accused; and
3. The court can decide even without
Q: What is the scope of the right against self- incrimination? The right covers only testimonial
compulsion and not the compulsion to produce real and physical evidence using the body of the accused. : What does the right of the accused to confront and cross-examine a witness against him contemplate? A: Confrontation is the act of setting a witness face- to-face with the accused so that the latter may make any objection he has to the witness which must take place in the court having jurisdiction to permit the privilege of cross-examination. In addition, the accused is entitled to have compulsory process issued to secure the attendance of witness and production of other evidence in his behalf [Sec. 1 (g)]. Note: The main purpose of this right to confrontation is to secure the opportunity of cross-examination and the secondary purpose is to enable the judge to observe the demeanor of witness. Q: What is the right to compulsory process mean? A: This refers to the right of the accused to have a subpoena and/or subpoena ducestecum issued in his behalf in order to compel the attendance of witnesses and the production of other evidence. Q: What is the effect if a witness refuses to testify when he is required? A: The Court should order the witness to give bail or order his arrest, if necessary. Failure to obey a subpoena amounts to contempt of court What are the facts to be considered to determine if the right to speedy trial has been violated? A: Length of the delay
Reason for the delay;
Accused’s assertion or non assertion of the right, Prejudice to the accused resulting from the delay. REMEDIES 1.Ask for the trial of the case;
2. Unreasonable delay of the trial of a criminal case as to make the detention of defendant illegal gives ground for habeas corpus as a remedy for obtaining release;
Q: Distinguish the right to counsel during trial from right to counsel during custodial investigation? A: Right to counsel during trialmeans the right of the accused to an effectivecounsel. Counsel is not to prevent the accused from confessing but to defend the accused. On the other hand, right to counsel during custodial investigation requires the presence of competent and independent counsel who is preferably the choice of the accused. The reason for such right is that in custodial investigation, there is a danger that confessions can be exacted against the will of the accused since it is not done in public. What is custodial investigation? A: Custodial Iestigatio is the stage hee the police investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect taken into custody by the police who carry out a process of interrogation that lends itself to eliit iiiatig stateets People v. Sunga, 399 SCRA 624). Sec. 2(f) of RA 7438 expanded the meaning of custodial investigation. It shall include the practice of issuig a iitatio to a peso ho is investigated in connection with an offense he is suspected to have committed, without prejudice to the liailit of the iitig offie fo a iolatio of law. Q: When do the rights in custodial investigation attach? A: The rights begin to operate at once as soon as the investigation ceases to be a general inquiry into an unsolved crime and direction is then aimed upon a particular suspect who has been taken into custody and to whom the police would then direct interrogatory question which tend to elicit incriminating statements (People v. Jose Ting LanUy, G.R. No. 157399, Nov. 17, 2005). It includes the patie of issuig a iitatio to a peso who is investigated in connection with an offense he is suspected to have committed. Q: What is the importance of the right to counsel in custodial investigation? A: The importance of the right to counsel is so vital that ude eistig la, i the asee of a lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of Art. 125 of the Revised Penal Code. (Section 3c RA 7438) The purpose of providing counsel to a person under custodial investigation is to curb the uncivilized practice of extracting a confession. (People v. Duenas, Jr. 426 SCRA 666).
